These terms and conditions are published by Business of Software, Bradfield Centre, Cambridge Science Park, CB4 0GA, a company registered in the UK with the following details: Co Reg No: 0 638 0 684 VAT Reg No: 923 8313 29 (henceforth ‘Business of Software’). Please read the following terms and conditions carefully as they form the basis of how you interact with Business of Software (including all content available through the https://businessofsoftware.org domain and sub-domains, henceforth collectively “Business of Software”).
By accessing this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access Business of Software and Business of Software has the right to restrict or prevent your access to Business of Software or the Site at any time.
These terms and conditions were last updated on 1 February 2019 and replace all previous terms and conditions for the Site.
Business of Software may change, alter or withdraw any part of the Site at any time (with or without notice to you) and may also change these terms and conditions. You should regularly check these terms and conditions to see if any changes have been made. By using the Site after any changes to the terms and conditions, you are agreeing to be bound by the new version of these. If you do not agree to the changes to the terms and conditions, you should cease using the Site and contact Business of Software via firstname.lastname@example.org.
Unless stated otherwise, all text, graphics, illustrations, data and any other material published on the Site (henceforth “the Content” or “Content”) is copyright Business of Software 2019. All Site Content belongs to Business of Software or its licensors. Business of Software or its licensors own all intellectual property rights (including copyright and database rights) in the Site and any selection or arrangement of the Content.
The Site is split into two sections: areas that are accessible to all and areas accessible only to paying subscribers. Business of Software reserves the right to vary the Content in either area and does not guarantee that Content accessible only to paying subscribers of the Site will remain paid for or that Content accessible to all will remain free-of-charge. Business of Software reserves the right to decline any application from you to become a subscriber to Business of Software or the Site at our sole discretion.
Liability, Warranty and Indemnity
By using the Site, you agree that the Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, inducement, invitation, representation, endorsement or arrangement by Business of Software or any of its employees and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Business of Software and the Site are at your sole discretion and responsibility. Any information that you receive via the Site whether or not it is classified as “real time”, may have ceased to be current by the time it reaches you. Business of Software is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions.
Business of Software does not give any warranties in respect of the Site. To the extent allowed by applicable law, Business of Software hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Neither does Business of Software provide any warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
To the full extent allowed by applicable law, you agree that Business of Software will not be liable to you for any losses which relate to your business or investment choices or which are not a direct consequence of your use of the Site (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of you using the Site outside the scope of these terms and conditions.
In addition to, but separate from, the above specific exclusion and to the full extent allowed by applicable law, you also agree that Business of Software will not be liable to you for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of Business of Software or the Site.
Business of Software is not liable for matters beyond its reasonable control. Business of Software does not control telephones, third party communications networks (including your Internet Service Provider) or the internet or the acts of third parties and you agree that Business of Software can therefore not be liable for any problem experienced by you on account of faults and failures in such systems.
You agree to indemnify Business of Software, or any subsidiary or holding company as defined in section 736 and 736A of the Companies Act 1985 and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you.
Third Party Sites Accessed Via The Site
The Site contains advertising and sponsorship and information from other companies. Advertisers and sponsors and companies are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Business of Software will not be responsible for any error or inaccuracy in advertising or sponsorship or company entered material.
You may for your personal, non-commercial use retrieve and display Content on any compatible device, print a single copy of individual articles on paper (but not photocopy them) and store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).
You may not use any Content for any unlawful purpose. Except as expressly set out in these terms and conditions, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Content. Without limitation, you may not do any of the following without prior written permission from Business of Software (and neither may you allow a third party to do any of the same). You may not:
- Redistribute any of the Content, including headlines (using them as part of any syndication, Content aggregation, news aggregation, library, archive or similar service); or
- Remove the copyright or trademark notice from any copies of Content; or
- Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Content; or
- Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Site for similar purposes; or
- Use any machine, electronic, web-based or similar device to read or extract the Content by automated or machine-based means.
If you would like to link to the Site, you must read and comply with the following guidelines and all applicable laws. A Site or service that links to the Site:
- Can display the Site logo as supplied by Business of Software but no other brand and/or logo owned by Business of Software;
- Cannot remove, distort or otherwise alter the size or appearance of the logo;
- Can link only to the homepage of the Site unless Business of Software has otherwise given prior written permission;
- Can not in any way imply that Business of Software is endorsing the Site or any of the products or services on that Site;
- Must not misrepresent its relationship with Business of Software or present false information about Business of Software;
- Must not be a Site or service that infringes any intellectual property or other right of any person or that does not comply with all relevant laws and regulations;
- Must not be a Site or service that contains content or material that could be construed as libellous, distasteful or offensive.
Business of Software expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate to ensure this happens.
On registration, you must provide Business of Software with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on our Site.
You are responsible for all use of the Site made by you or anyone else using your Login details and for preventing unauthorised use of your Login details. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details or any payment information, you must notify Business of Software immediately by e-mailing email@example.com.
If you provide Business of Software or the Site with an email address that will result in any messages Business of Software may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer) then you warrant that you are entitled to receive those messages. You also agree that Business of Software may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if Business of Software receives a request from a third party to stop sending messages to you.
Business of Software reserves the right, but not the obligation, to monitor any activity and Content associated with the Site. Business of Software may investigate any complaints or reported violation of the Site and these terms and conditions and take any action that Business of Software deem reasonable and appropriate, which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Site access and/or removing any materials on the Site.
General Points And Governing Law
Business of Software does not give investment advice, arrange transactions in investments or engage in any other kind of regulated activity.
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, you and Business of Software irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions (as amended by Business of Software from time to time) contain the entire agreement between you and Business of Software relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Business of Software in relation to these matters. No oral explanation or oral information given by either party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions that you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions.
If you require more information on any of the above please contact us at:
Business of Software
Bradfield Centre, Cambridge Science Park, CB4 0GA
Registered in the UK: Co No: 0 638 0 684
VAT Reg No: 923 8313 29